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108 OG No. 30, 3691 (July 23, 2012)

[ PRC BOARD RESOLUTION NO. 48-A SERIES OF 2012, April 26, 2012 ]

BOARD OF MARINE ENGINEER OFFICERS

REVISED RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 8544, THE "PHILIPPINE MERCHANT MARINE OFFICERS ACT OF 1998"

WHEREAS, the Board deemed it necessary to revise Board Resolution No. 154(B), series of 2009, the Implementing Rules and Regulations of Republic Act No. 8544, to institute additional changes in view of the 2010 Manila Amendments to the STCW Convention.

WHEREFORE, the Board resolved, as it hereby resolves, to revise Board Resolution No. 154(B), series of 2009, as follows:

ARTICLE I

TITLE, PURPOSE AND DEFINITION OF TERMS


SECTION. 1. Title.—This Resolution shall be known and cited as the "Revised Rules and Regulations Implementing Republic Act No. 8544, known as the "Philippine Merchant Marine Officers Act of 1998".

SEC. 2. Purpose.—These Revised Rules and Regulations are formulated and adopted to prescribe the standards and procedures to be observed in carrying out the provisions of Republic Act No. 8544 and 2010 Manila Amendments to the STCW Convention for merchant marine engineer officers in order to ensure the accomplishment of the following objectives:
  1. The examination, assessment, registration, issuance of a Certificate of Registration; Certificate of Competency; Endorsement Certificate; and the recognition of a Certificate issued to a foreign Marine Engineer Officer.

  2. The supervision, control and regulation of the practice of merchant marine engineer profession in the Philippines: Provided, that the above objectives shall be attained through compliance with STCW '78 Convention, and all its amendments.
SEC. 3. Definition of Terms.—Unless otherwise provided, the following shall mean:
  1. COMMISSION - the Professional Regulation Commission (PRC) created under Republic Act No. 8981, otherwise known as the "PRC Modernization Act of 2000".

  2. BOARD - the Professional Regulatory Board of Marine Engineer Officers.

  3. STCW CONVENTION - the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), as amended.

  4. STCW CODE - the Seafarer's Training, Certification and Watchkeeping (STCW) Code as adopted by the 1995 Conference Resolution 2.

  5. ENGINEER OFFICER - a duly registered and licensed Chief Engineer Officer, Second Engineer Officer and Officer-in-Charge of an Engineering Watch in a manned engine-room or designated duty engineer in a periodically unmanned engine-room.

  6. CHIEF ENGINEER OFFICER - a duly registered and licensed  Engineer Officer who have over-all in-charge of the mechanical propulsion and the operation and maintenance of the electrical installations in the ship.

  7. SECOND ENGINEER OFFICER - a duly registered and licensed marine engineer officer next-in-rank to the Chief Engineer Officer who exercises supervision over all the machineries and auxiliaries as well as the engine personnel of the ship, and upon whom shall devolve the responsibilities of the Chief Engineer Officer, in the absence of, or in the event of incapacity of the Chief Engineer Officer.

  8. OFFICER-IN-CHARGE OF AN ENGINEERING WATCH - a duly registered  and licensed marine engineer officer next-in-rank to a Second Engineer Officer designated in a manned engine-room or designated duty engineer in a periodically unmanned engine-room who is responsible for the proper operation and maintenance of the machineries and equipment assigned to him by the Chief Engineer Officer including the inspection, maintenance of the electrical installations in the ship.

  9. ELECTRO-TECHNICAL OFFICER - a marine engineer officer qualified in accordance with the provisions of Regulation III/6 of the Convention.

  10. MANAGEMENT LEVEL - the level of responsibility associated with serving as Chief Engineer Officer or Second Engineer Officer on board a seagoing ship and ensuring that all functions within the designated area of responsibility are properly performed.

  11. OPERATIONAL LEVEL - the level of responsibility associated with serving as officer-in-charge of an engineering watch in a manned engine room or as designated duty engineer in a periodically unmanned engine room or machinery spaces on board a seagoing ship, and maintaining direct control over the performance of all functions within the designated are of responsibility in accordance with proper procedures and under the direction and supervision of a merchant marine engineer officer serving in management level for that area of responsibility.

  12. CERTIFICATE OF REGISTRATION - a document issued to a marine engineer officer after passing the required examination and upon compliance with all the requirements prescribed by the Board and the Commission.

  13. CERTIFICATE OF COMPETENCY - a Certificate issued and endorsed for masters, officers and GMDSS radio operators in accordance with the provisions of chapters II, III, IV or VII of the annex to the  STCW Convention and entitling the lawful holder thereof to serve in the capacity and perform the functions involved at the level of responsibility specified therein.

  14. ENDORSEMENT CERTIFICATE - a document issued by the Commission attesting the issue of a Certificate of Competency to a marine engineer officer  or  the recognition of a Certificate issued by other flag states in compliance with the standards of the STCW Convention.

  15. STCW CERTIFICATE - a Certificate issued in accordance with all applicable requirements of the STCW Convention and Code.

  16. APPROVED - approved by the Party to the STCW Convention in compliance with all relevant requirements of the Regulations, the annex to the Convention,   and mandatory provisions contained in Part A of the STCW Code.

  17. APPROVED EDUCATION AND TRAINING -a structured education and training program duly approved by  the Commission on Higher Education to enable a candidate to meet the standards of competence of the STCW Code for certification in both the operational and management levels.

  18. APPROVED SEAGOING SERVICE - service on board a ship relevant to the issue or revalidation of a Certificate or other qualifications.

  19. APPROVED TRAINING COURSE - a training course in compliance with the requirements and standards of the 1978 STCW Convention, as amended,  and accredited by the Maritime Training Council.

  20. MANAGEMENT LEVEL COURSE -  the approved education and training required under paragraph 2, Regulation IN/2 of the 1978 STCW Convention, as amended, for candidates for certification as a management level officer and meet the standards of competence specified in section A-III/2 of the STCW Code.

  21. APPROVED IN-SERVICE EXPERIENCE - the experience acquired by a marine engineer officer during his seagoing period which involves a structured system of assessment on board ship and considered as one of  the methods to demonstrate competence specified in the minimum standard of competence table under Section A of the STCW Code.

  22. APPROVED TRAINING RECORD BOOK - an official record book of structured training activities on board a ship which forms part of an approved training program of a candidate for certification as officer-in-charge of an engineering watch under close supervision and monitoring of a qualified officer.

  23. SEAGOING SHIP - a ship other than those which navigates exclusively in inland waters or in waters within, or closely adjacent to, sheltered waters or areas where port regulations apply.

  24. LICENSURE EXAMINATION FOR MARINE ENGINEER OFFICERS - the licensure examination  given  by the  Board which is composed of the theoretical phase and the practical assessment phase.

  25. SYLLABUS - a table of specifications adopted by the Board and approved by the Commission containing the subjects for the licensure examination systematically arranged according to subject, topics and sub-topics.

  26. FUNCTION - a group of tasks, duties and responsibilities, as specified in the STCW Code, necessary for ship operation, safety of life at sea or protection of the marine environment.

  27. NEAR COASTAL VOYAGE - a voyage in the vicinity of a Party as defined by that Party or an agreement between that Party and another State to consider  or  treat a voyage as coastwise voyage.

  28. INTEGRATION - the unification of the members of the different organizations of marine engineer officers into one national organization for recognition by the Board of Marine Engineer Officers and the Commission.

  29. CODE OF PROFESSIONAL ETHICS FOR MARINE ENGINEER OFFICERS - a set of rules and regulations governing the conduct and deportment of a marine engineer officer.

  30. RECOGNITION OF FOREIGN CERTIFICATE - the recognition by the Commission through the issuance of an Endorsement Certificate pursuant to Regulation 1/10 of the 1978 STCW Convention, as amended.

  31. ADMINISTRATION - the Government of the Party in whose flag the ship is entitled to fly.

  32. SUPERNUMERARY CAPACITY - a certificated marine engineer officer assigned on board a ship with no specific responsibility other than to train and observe for a specific position  pursuant to the STCW Convention.

  33. PROPULSION POWER - the total maximum continuous rated output power in kilowatts, of all the ship's main propulsion machinery which appears on the ship's Certificate of registry or other official documents.

  34. REGULATIONS - Regulations contained in the Annex to the STCW Convention, as amended.

  35. OIL TANKER - a ship constructed and used for the carriage of petroleum and petroleum products in bulk.

  36. CHEMICAL TANKER - a ship constructed and used  for the carriage in bulk of any liquid product listed in chapter 17 of the International Bulk Chemical Code.

  37. LIQUEFIED GAS TANKER - a  ship constructed and used for the carriage in bulk of any liquefied gas or other product listed in chapter 19 of the International Gas Carrier Code.

  38. PASSENGER SHIP - a ship as defined in the International Convention for the Safety of Life at Sea, 1974, as amended.

  39. RO-RO PASSENGER SHIP - a passenger ship with ro-ro spaces or special category spaces as defined in the International Convention for the Safety of Life at Sea, 1974 (SOLAS), as amended.

  40. SHIP SECURITY OFFICER - a marine engineer officer on board the ship accountable to the master, designated by the Company as responsible for the security of the ship including implementation and maintenance of the ship security plan and liason with the company security officer and port facility security officers.

  41. CERTIFICATE OF PROFICIENCY - a Certificate, other than a Certificate of competency issued to a marine engineer officer, stating that relevant requirements of training, competence or seagoing service of the STCW Convention, as amended have been met.

  42. DOCUMENTARY EVIDENCE - a document, other than a Certificate of competency or Certificate of proficiency used to establish that the relevant requirements of the STCW Convention, as amended, have been met.

  43. PERSON WITH IMMEDIATE RESPONSIBILITY - as used in regulation V/1-1, paragraphs 3 and 5 and regulation V/1-2, paragraph 3, means a marine engineer officer being in a decision making capacity with respect to loading, discharging, care in transit, handling of cargo, tank cleaning or other cargo related operations.

ARTICLE II

OFFICIAL SEAL OF THE BOARD


SEC. 4. Official Seal of the Board of Marine Engineer Officers.—The Seal of the Board of Marine Engineer Officers shall be in the form of a gear: the outer gear being 40 mm circular in diameter; the inner circle being 20 mm in diameter; On the upper half portion inside the 10 mm circular band shall be inscribed "Board of Marine Engineer Officers", and the lower half portion shall be inscribed "Professional Regulation Commission", the words being equally spaced to occupy the full circumference of the band and inside the inner circle shall be engraved a three bladed propeller with a ship on the background.

ARTICLE III

COMPOSITION AND MEETINGS OF THE BOARD


SEC. 5. Composition.—The Board of Marine Engineer officers shall be composed of a Chairman and four (4) members all of whom shall be appointed by the President of the Philippines pursuant to Executive Order No. 496 and Republic Act No. 8981.

SEC. 6. Board, a Collegial Body.—The Chairman and members of the Board shall act as a collegial body in matters involving the exercise of its powers and functions as well as the implementation of its policies. Official action on such matters by the Board shall be effective only when approved by the Commission.

SEC. 7. Meetings.—The Board shall hold a regular meetings at least twice a month with the Commission's premises or in such other places as may be agreed upon by the Board. Special meetings as often as may be necessary may be called by the Chairman or a majority of its members.

The Chairman shall preside over the meetings of the Board. The Vice-Chairman shall act as Presiding Officer in the absence or incapacity of the Chairman.

ARTICLE IV

DUTIES AND RESPONSIBILITIES OF THE BOARD


SEC. 8. Duties and Functions of the Chairman of the Board.—The Chairman shall be the head of the Board, and as such, he shall assign the subjects for examination to the members of the Board. The Chairman shall assign the members to conduct investigation of administrative cases and to undertake/exercise the visitorial powers of the Board. He shall be responsible for the assignment of duties and responsibilities to the members and for the supervision and management of their work. The Chairman shall be the official spokesperson of the Board.

SEC. 9. Enforcement and Execution.— The Board shall, in the exercise of its powers and performance of its functions and responsibilities under Republic Act No. 8544, seek support, assistance and advice of the Commission and, whenever appropriate, the assistance of the duly constituted law enforcement officers to enforce the penal provisions of the Act.

SEC. 10. Promulgation of Decisions. — To promulgate a decision in an administrative case, or issue rules and Regulations, resolutions embodying policies, and other issuance for the implementation of the provisions of Republic Act No. 8544, the members of the Board shall meet en banc to deliberate and vote on the matters under consideration. Both a quorum and a majority vote shall be required for the validity of the actions of the Board. A quorum shall require the presence of the majority of the Board.

A resolution of the Board other than a decision in an administrative case, shall be valid and enforceable only when approved by the Commission, and shall be effective immediately unless when publication is required in a newspaper of general circulation or in the Official Gazette. However, publication of a resolution shall not be required if it is not penal in nature, internal in nature and does not affect the public in general but only to a particular group of individuals.

SEC. 11. Official dealing with the Commission and the general public—For any dealing or transaction with the Commission and the general public, the Chairman of the Board, or in his absence or incapacity, any member designated by the Board shall be its spokesperson.

SEC. 12. Action on Papers, Communications or Other Documents.— No official communication, Certificate, resolution or decision, or official documents shall be brought outside the premises of the Commission for action without the written consent from the Chairperson of the Commission.

SEC. 13. Interpretation of the Provisions of Republic Act No. 8544 and the Board's Rules and Regulations.—The Board, in the discharge of its rule-making power, may issue an opinion or ruling on any question or issue arising from the provisions of Republic Act No. 8544 and the Board's Rules and Regulations, Code of Ethics for Marine Engineer Officers and resolutions embodying policies of the Board. The Board's official opinion or ruling shall be issued through the Chairman of the Board, or the Vice-Chairman, in his absence or incapacity.

SEC. 14. Action on Other Matters.— Communications or requests which involve the exercise of ministerial functions shall be acted upon by the Chairman or any member designated by the Board.

ARTICLE V

APPLICATION, EXAMINATION AND ASSESSMENT


SEC. 15. Application.—The applicant for the licensure examination shall file in a duly accomplished computerized application form in the Application Section of the Marine Engineer Officers Division (MEOD) of the PRC or in any of the PRC regional offices accomplished by authentic or authenticated copies of the required documents.

A Filipino citizen who graduated from a foreign maritime institution or academy shall be required to present an Endorsement from the Commission on Higher Education in Order that he will be allowed to take the marine engineer officers licensure examination.

SEC. 16. Licensure Examination.—All applicants for registration, certification and admission to the practice of the Marine Engineer Officers profession must pass the theoretical phase and practical assessment phase of the licensure examination.

SEC. 17. Qualifications of a Member of the Board/Assessor.—To comply with the requirements of Section A-l/6 of the STCW Code, members of the Board/assessors responsible for the assessment of competence of marine engineer officers, as required under the Convention shall meet the following:

 (a)
has an appropriate level of knowledge and understanding of the competence to be assessed;
  
 (b)
qualified in the task for which assessment is being made;
  
 (c)
has received appropriate guidance in assessment methods and practice; and
  
 (d)
if conducting assessment involving the use of simulator, has gained physical assessment experience in the particular type of simulator under the supervision of, and satisfaction of an experienced assessor.

SEC. 18. Formulation of Syllabus.— The Board shall formulate and adopt a syllabus for each of the Functions for the licensure examination from which test questions will be strictly prepared, and shall be based on the operational and management level functions.

SEC. 19. Scope of the Licensure Examination.—The scope of the licensure examination shall consists of Functions 1, 2, 3 and 4 which cover the operational and management levels of responsibility, namely: 
 (1) Function 1 - Marine Engineering
    
 (2) Function 2 - Electrical, electronic and control Engineering
    
 (3) Function 3 - Maintenance Repair and
    
 (4) Function 4 - Controlling the Operation of the Ship and Care for Persons on Board
SEC. 20. Practical Assessment.—An examinee should pass the theoretical phase of the licensure examination in order for him to qualify to take the practical assessment.  However, an examinee may opt to take the Engine Room Simulator (ERS) approved training course with assessment from an accredited training center and recognized by the Board, prior to, or after the licensure examination, in lieu of the practical assessment. Provided that, the ERS training course with assessment taken prior to the licensure examination should be within the preceding five (5) years from the first day of the licensure examination which the examinee passed.

The practical assessment shall be based in accordance with the competencies required under the appropriate level in Section A of the STCW Code.

The performance standards and other provisions set forth in section A-l/12 and such other requirements as are prescribed in part A of the STCW Code for any Certificate concerned shall be complied with in respect of any assessment of competency required by part A of the STCW Code which is carried out by means of a simulator, and any demonstration, by means of a simulator, of continued proficiency required by part A of the STCW Code.

SEC. 21. Full Computerization of Licensure Examinations.—The licensure examination for Marine Engineer Officers shall be fully computerized. A member of the Board shall prepare at least five hundred (500) questions for each of the functions. These questions shall be inputted in the Test Questions Data Bank from which the questions to be given in the licensure examination shall be extracted at random. The Test Questions Data Bank for a particular Function shall be replenished equal to the number of questions extracted after the Test Questions Data Bank levels of at least two thousand (2,000) questions have been attained.

SEC. 22. Required Rating to Pass the Licensure Examination.—To pass the licensure examination, an examinee must obtain a general average rating of at least seventy percent (70%) in the theoretical phase of the licensure examination, with no grade lower than sixty percent (60%) in any given subject, and a rating of "PASS" in the practical assessment.

SEC. 23. REMOVAL  EXAMINATION.—An examinee in the theoretical phase of the licensure examination who obtained a weighted general average rating of at least seventy percent (70%) but obtained a grade lower that sixty percent (60%) in any given subject, shall be considered Conditioned and must take the subject/s where he obtained a grade lower that sixty percent (60%) within a period of two (2) years from the last examination taken. The examinee shall be deemed to have failed in the examination should he fail to take the examination in the subject/s where he obtained a grade lower than 60% within a Period of two (2) years from the last examination taken; Provided, that if such examinee fails to obtain a grade of at least Sixty percent (60%) in the subject/s re-examined, he shall be considered failed in both examinations which shall be deemed as one failure for purposes of the succeeding section.

SEC. 24. Re-Examination.—An examinee, after every three (3) failures in the theoretical phase of the licensure examination, shall be allowed to take the theoretical phase only after the lapse of one year.

SEC. 25. Place and Date of Examination.—The venues and dates of licensure examinations for the year shall be determined by the Board and approved by the Commission, and shall be included in the Schedule of Professional Licensure Examinations issued by the Commission.

SEC. 26. Program of Licensure Examination.—The Board shall prepare and issue a program for every licensure examination which shall contain its scope and coverage with their corresponding percentage weights, the time, date and place of examination. The program shall include instructions to the examinees and the names and signatures of the Chairman and the members of the Board.

SEC. 27. Publication of the Results of Licensure Examination.—shall be published in the PRC website and in the newspapers of general circulation within five (5) working days and shall be disseminated to all schools, colleges and universities offering maritime courses and through the accredited/integrated marine engineer officers association.

ARTICLE VI

REQUIREMENTS FOR MARINE ENGINEER
OFFICERS LICENSURE EXAMINATION


SEC. 28. Qualifications of Applicants for the Licensure Examination.—Every applicant shall comply with the following requirements:
(a) A citizen of the Philippines.

(b) Must be of good moral character.

(c) Has met the standards in medical fitness for seafarers as prescribed by the Department of Health.

(d) Has completed an approved seagoing service.

(e) Has completed approved education and training and meet the standard of competence specified in section A of the STCW Code.
SEC. 29.—In addition to section 28, applicants for the licensure examination shall comply with the specific requirements, as follows:
  1. CHIEF ENGINEER OFFICER (750  KW PROPULSION POWER OR MORE)

    1. holder of Certificate of Registration and Professional Identification Card as Second Engineer Officer;

    2. has an approved seagoing service as Second Engineer Officer on board ship powered by main propulsion machinery of 750 KW propulsion power or more for at least twelve (12) months:

      an applicant who has at least twelve  (12)  months  seagoing service on board fishing vessel, Mobile Drill Ship, or Off-shore facilities, shall be allowed to take the licensure examination.  However, should  he pass the licensure examination, his STCW Certificates shall have a limitation as "valid only on fishing vessel", "valid only on Mobile Drill Ship" or "valid only on Off-shore facilities", respectively.

    3. has completed approved education and training/management level course and meet the standard of competence specified in section A-III/2 of the STCW Code.

  2. SECOND ENGINEER OFFICER (750 KW PROPULSION OR MORE)

    1. a holder of Certificate of Registration and Professional Identification Card as Third Engineer Officer, Fourth Engineer Officer or Officer-in-Charge of an Engineering Watch.

    2. has an approved seagoing service as Officer-in-Charge of an Engineering Watch on board ship powered by main propulsion machinery of 750 KW propulsion power or more for at least twelve (12) months.

    3. an applicant who has at least twelve  (12)  months  seagoing service on board fishing vessel, Mobile Drill Ship, or Off-shore facilities, shall be allowed to take the licensure examination. However,  should  he  pass the licensure examination, his STCW Certificates shall have a limitation as "valid only on fishing vessel", "valid only on Mobile Drill Ship" or "valid only on Off-shore facilities", respectively.

    4. Has completed approved education and training/ management level course and meet the standard of competence specified in section A-III/2 of the STCW Code.

  3. OFFICER-IN-CHARGE OF AN ENGINEERING WATCH (750 KW PROPULSION POWER OR MORE)

    1. a graduate of Bachelor of Science in Marine Engineering in a school, academy, institute, college or university recognized by the Commission on Higher Education (CHED).

    2. has completed combined workshop skills training and an approved seagoing service for at least  twelve (12) months as apprentice engineer or engine cadet on board ship powered by main machinery of 750 Kw propulsion power or more, as part of an approved education and training program, which includes on board training and has demonstrated the ability to undertake, at the operational level, the tasks, duties and responsibilities listed in column 1 in Section A-III/1 of the STCW Code documented in an approved training record book, or otherwise has completed combined workshop skill training and an approved seagoing service of not less than thirty six (36) months of which at least thirty (30) months shall be seagoing service in the engine department.

    3. an applicant who has completed combined workshop skills training and a seagoing service other than as apprentice engineer or engine cadet for at least twelve (12) months on board ship powered by main propulsion machinery of 750 Kw propulsion power or more shall be allowed to take the written or walk-in licensure examination. However, should he pass the said licensure examination, he shall not be issued a Certificate of Competency and Endorsement Certificate until he completes the thirty six (36) months approved seagoing service, of which thirty (30) months shall be in the engine department, on board ship powered by main propulsion machinery of 750 Kw propulsion power or more, or has completed at least six (6) months seagoing service as apprentice engineer or engine cadet on board ship powered by main propulsion machinery of 750 Kw propulsion power or more, as part of an approved education and training program, which includes on board training documented in an approved training record book and has demonstrated the ability to undertake, at the operational level, the tasks, duties and responsibilities listed in column 1 in Section A-III/1 of the STCW Code.

    4. has performed during the required seagoing service, engine-room watchkeeping duties under the supervision of the chief engineer officer or a qualified engineer officer for a period of not less than six (6) months.

    5. met the standard of competence specified in section A-VI/1, paragraph 2, section A-VI/2, paragraphs 1 to 4, section A-VI/3, paragraphs 1 to 4 and section A-VI/4, paragraphs 1 to 3 of the STCW Code.

    6. a graduate of Bachelor of Science in  Electrical or Mechanical Engineering in a school, academy, institute, college or university recognized by the Commission on Higher Education (CHED) who has successfully completed the bridging program of CHED leading to the degree of Bachelor of Science in Marine Engineering; and  has completed combined workshop skills training and an approved seagoing service for at least twelve (12) months  as apprentice engineer or engine cadet on board ship powered by main machinery of 750 Kw propulsion power or more, as part of an approved education and training program, which includes on board training   and   has demonstrated the ability to undertake, at the operational level, the tasks, duties and responsibilities listed in column 1 in Section A-III/l of the STCW Code documented in an approved training record book, or otherwise has completed combined workshop skills training and an approved seagoing service of not less than thirty six (36) months of which at least thirty (30) months shall be seagoing service in the engine department.

    7. an applicant who has at least twelve (12) months seagoing service on board fishing vessel, Mobile Drill Ship, or Off-shore facilities, shall be allowed to take the licensure examination.  However, should  he pass the licensure examination, his STCW Certificates shall have a limitation as "valid only on fishing vessel", "valid only on Mobile Drill Ship" or "valid only on Off-shore facilities", respectively.
SEC. 30. The Approved Education and Training for Management Level Officers:
  1. ALL Chief Engineer and  Second Engineer Officers shall take the Revised Management Level Course.

  2. Chief Engineer and Second Engineer Officers applying for REVALUATION of STCW Certificates shall complete the FOUR FUNCTIONS of the Revised Management Level Course.

  3. A Chief Engineer Officer and a Second Engineer Officer who have taken the old Management Level Course, Interim Courses, or partial Management Level Course, shall take the remaining FUNCTIONS/ MODULES of the Revised Management Level Course.

  4. A Second Engineer Officer applying for upgrading of License to Chief Engineer Officer shall complete the FOUR FUNCTIONS of the Revised Management Level Course.

  5. An Officer in Charge of an Engineering Watch who will take the Second Engineer Officer Licensure Examination shall take the FOUR FUNCTIONS of the Revised Management Level Course.

  6. An Officer-in-Charge of an Engineering Watch who will act as Second Engineer Officer or Chief Engineer Officer under Regulation III/3, paragraph 3, of the  STCW Convention shall take the FOUR FUNCTIONS of the Revised Management Level Course.

ARTICLE VII

CERTIFICATES AND ENDORSEMENTS


SEC. 31. Registration of Successful Examinees; Registration without examination as Chief Engineer Officer; Issuance of Certificate of Registration and Certificate of Competency and Endorsement Certificate.—An examinee who passed the licensure examination shall, unless specifically deferred for cause by the Board, be registered after taking the oath of a professional before a member of the Board or any official authorized by the Commission to administer oath, and payment of the prescribed fees. Upon compliance with the other requirements for registration prescribed by the Board and the Commission, the marine engineer officer shall be issued the Certificate of Registration, Certificate of Competency and Endorsement Certificate, Professional Identification Card, and this name shall be entered/enrolled in the Roll of Marine Engineer Officers.

A registered and licensed Second Engineer Officer who has completed at least twenty four (24) months seagoing service within the last five (5) years as Second Engineer Officer on board ship of 750 Kilowatt propulsion power or more shall, upon application, payment of the required fee and approval by the Board, be upgraded and issued the Certificate of Registration as Chief Engineer Officer. A Second Engineer Officer who has been upgraded to Chief Engineer Officer but has not yet taken or completed the four (4) functions of the revised Management Level Course shall be required to take or complete the four (4) functions of the revised Management Level Course prior to the issuance of his PRC ID Card and STCW Certificates.

SEC. 32. Certificates Issued to a Marine Engineer Officer.
  1. Certificate of Registration shall bear the signatures of the Chairman and members of the Board and the Chairperson of the Commission, with the official seal of the Board and the Commission.  The Certificate of Registration shall be in the English language with Filipino translation.

    A Certificate of Registration issued to a successful examinee in the Officer-in-Charge of an Engineering Watch licensure examination shall be with the prefix "E-3", respectively.

  2. Certificate of Competency bearing the registration and certificate number signed by the Chairman of the Board and Chairperson of the Commission. In the absence of the Chairman of the Board, the Certificate of Competency shall be signed in the following order: (1) The Vice-Chairman; and (2) The senior member of the Board.

    The Certificate of Competency shall be in the English language and shall be issued and endorsed following verification of the authenticity and validity of any documentary evidence. It shall be issued in a separate and distinct document, the form to be used shall be that set forth in paragraph 1 of section A-I/2 of the STCW Code with the corresponding and limitation/s, if any, and shall expire within a period of five (5) years unless sooner withdrawn, suspended or cancelled by the Board.

  3. The Endorsement Certificate shall bear the unique registration and certificate numbers, the date of issuance, revalidation and expiration, and issued by the Commission.
The Endorsement Certificate shall be issued in a separate and distinct document, the form to be used shall be that set forth ln Paragraph 2 of section A-I/2 of the STCW Code together with the corresponding limitation/s, if any.  It shall only be issued if all the relevant requirements of the STCW Convention have been complied with and will expire as soon as the Certificate endorsed expires or unless sooner withdrawn, suspended or cancelled by the Board, and in any case, not more than five (5) years from date of issue.

Pursuant to Regulation I/2, paragraph 11, and subject to the provisions of Regulation I/10, paragraph 5, the Certificates required by the STCW Convention shall be kept available in its original form on board the ship on which the marine engineer officer is serving. The capacity in which the marine engineer officer is authorized to serve shall be identified in the form of Endorsement in terms identical to those used in the applicable safe manning requirements of the Administration.

Candidates for certification shall provide satisfactory proof of their identity; that their age is not less than that prescribed in the Regulation relevant to the Certificate applied for; that they meet the standards of medical fitness specified in section A-I/9 of the STCW Code; of having completed the seagoing service and any related compulsory training required by these Regulations for the Certificate applied for; and that they meet the standards of competence prescribed by relevant Regulations for the capacities, functions and levels that are to be identified in the Endorsement to the Certificate.

A renumbered Certificate of a marine engineer officer shall retain the original date of registration in his present grade/rank.

SEC. 33. Maintenance of Register of Certificates.—The Commission, pursuant to Regulation I/2 of the STCW Convention, shall:
  1. maintain a register of all Certificates and Endorsements for marine engineer officers which are issued, have expired or have been revalidated, suspended, cancelled or reported lost or destroyed, and of dispensations issued.

  2. make available information on the status of Certificates of competency, Endorsements and dispensations to other Parties and companies which request verification on the authenticity and validity of a Certificate produced to them by marine Engineer officers seeking recognition of Certificates under Regulation 1/10, or for employment on board a ship.

  3. on 1 January 2017, make available in the English language, through electronic means, the information required on the status or information required to be available in accordance with paragraph 15 of Regulation I/2.
SEC. 34. STCW Certificates issued to a Marine Engineer Officer.—A Marine Engineer Officer shall be issued the appropriate Certificate of Competency and Endorsement Certificate upon complying with the qualification requirements, as follows:
  1. CHIEF ENGINEER OFFICER on board ship powered by main propulsion machinery of 3,000 kW propulsion power or more. (Regulation III/2)

    1. holder of a Certificate of Registration and Professional Identification Card as Chief Engineer Officer;

    2. has an approved seagoing service as Second Engineer Officer for at least twelve (12) months on board ship powered by main propulsion machinery of 3,000 kW propulsion power or more; and

    3. has completed approved education and  training/management level course and meet the standard of competence specified in section A-III/2 of the STCW Code.

  2. SECOND ENGINEER OFFICER on board ship powered by main propulsion machinery of 3,000 KW propulsion power or more.   (Regulation Ml/2)

    1. holder of a Certificate of Registration and Professional Identification Card as Second Engineer Officer;

    2. has an approved seagoing service as Officer-in-Charge of an Engineering Watch for at least twelve (12) months on board ship powered by main propulsion machinery of 750 kW propulsion power or more; and

    3. has completed approved education and training/ management level course and meet the standard of competence specified in section A-III/2 of the STCW Code.

  3. CHIEF ENGINEER OFFICER on board ship powered by main propulsion machinery of between 750 kW and 3,000 kW propulsion power, (Regulation III/3, paragraph 2.1.2)

    1. holder of a Certificate of Registration and  Professional Identification Card as Second Engineer Officer;

    2. has an approved seagoing service for at least twenty four (24) months, at least twelve months of which must be as Second  Engineer Officer, on board ship powered by main propulsion machinery of 750 kW propulsion power or more; and

    3. has completed approved education and training/ management level course and meet the standard of competence specified in section A-III/2 of the STCW Code.

  4. CHIEF ENGINEER OFFICER AND SECOND ENGINEER OFFICER on board ship powered by main propulsion machinery of between 750 kW and 3,000 kW propulsion power (Regulation III/3, paragraph 2.1.1) engaged on near coastal voyages.

    1. holder of a Certificate of Registration and  Professional Identification Card as Officer-in-Charge of an Engineering Watch;

    2. has an approved seagoing service as Officer-in-Charge of an Engineering Watch for at least twelve (12) months for applicants applying for second engineer officer, and additional twelve (12) months seagoing sevice  as second engineer officer  for applicants  applying as chief engineer officer on board ship powered  by main propulsion machinery of 750 kW propulsion power or more; and

    3. has completed approved education and training/ management level course and meet the standard of competence specified in section A-III/2 of the STCW Code.

  5. CHIEF ENGINEER OFFICER on board ship powered by main propulsion machinery of less than 3,000 KW propulsion power (Regulation III/3, paragraph 3)

    1. holder of a Certificate of Registration and  Professional Identification Card as Second Engineer Officer;

    2. has an approved seagoing service as  Second  Engineer Officer for at least twelve (12) months on board ship powered by main propulsion machinery of 3,000 kW propulsion power or, more; and

    3. has completed approved education and training/ management level course and meet the standard of competence specified in section A-III/2 of the STCW Code.

  6. OFFICER-IN-CHARGE OF AN ENGINEERING Watch on board ship powered by main propulsion machinery of 750 kW propulsion power or more. (Regulation III/1)

    1. holder of a Certificate of Registration and  Professional Identification Card as Officer-in-Charge of an Engineering Watch;

    2. has completed combined workshop skills training and approved seagoing service for at least twelve (12) months as apprentice engineer or engine cadet on board ship powered  by main propulsion machinery of 750 Kw propulsion power or more, as part of an approved education and training program, which includes on board training and has demonstrated the ability to undertake, at the operational level, the  tasks, duties and responsibilities listed in column 1 in Section A-III/1 of the STCW Code documented in an approved training record book;

    3. has performed, during the required seagoing service, engine-room watchkeeping duties under the supervision of the chief engineer officer or a qualified engineer officer for a period of not less than six (6) months; and

    4. has completed approved education and training and meet the standard of competence specified in section A-III/1, section A-VI/1, paragraph 2, section A-VI/2, paragraphs 1 to 4 and section A-VI/4, paragraphs 1 to 3 of the STCW Code.

  7. Officer-in-Charge of an Engineering Watch on board ship powered by main propulsion machinery of 750 kW propulsion power or more. (Regulation III/1)

    1. holder of a Certificate of Registration and Professional Identification Card as Officer-in-Charge of an Engineering Watch;

    2. has completed combined workshop skills training and approved seagoing service other than apprentice engineer or engine cadet on board  ship powered by main  propulsion machinery of 750 Kw propulsion power or more of not less than thirty six (36) months of which at least thirty (30) months shall be in the engine department;

    3. has performed during the required seagoing service, engine-room watchkeeping duties under the supervision of the chief engineer officer or a qualified engineer officer for a period of not less than six (6) months; and

    4. has completed approved education and training and meet the standard of competence specified in section A-III/1, section A-VI/1, paragraph 2, section A-VI/ 2, paragraphs 1 to 4 and section A-VI/4, paragraphs 1 to 3 of the STCW Code.

  8. OFFICER-IN-CHARGE OF AN ENGINEERING WATCH (Regulation Ill/I) with limitation as "on board fishing vessel", Mobile Drill Ship" or "Off-shore facilities".

    1. holder of a Certificate of Registration and  Professional Identification Card as Officer-in-Charge of an Engineering Watch;

    2. has an approved seagoing service of at least twelve (12) months on board fishing vessel, Mobile Drill Ship, or Off-shore facilities, respectively;

    3. has performed, during  the required seagoing service, engine-room watchkeeping duties under the supervision of the chief engineer officer or a  qualified engineer officer for a period of not less than six (6) months; and

    4. has completed approved education and training and meet the standard of competence specified in section A-III/1, section A-VI/1, paragraph 2, section A-VI/ 2, paragraphs 1 to 4 and section A-VI/4, paragraphs 1 to 3 of the STCW Code.

  9. CHIEF ENGINEER OFFICER AND SECOND ENGINEER OFFICER (Regulation III/2) with limitation as "on board fishing vessel", Mobile Drill Ship" or "Off-shore facilities".

    1. holder of a Certificate of Registration and  Professional Identification Card as Chief Engineer or Second  Engineer Officer;

    2.  has an approved seagoing service as Officer-in-Charge of an Engineering Watch, for at least twelve (12) months or applicants applying for second engineer capacity and additional twelve months as second engineer for applicants applying for chief engineer capacity on board fishing vessel, Mobile Drill Ship, or Offshore facilities, respectively; and

    3. has completed approved education and training/management level course and meet the standard of competence specified on section A-III/2 of the STCW Code.

  10. ELECTRO-TECHNICAL OFFICERS (Regulations III/6)

    1. a graduate of Bachelor of Science on Marine Engineering, Electrical Engineering and Electrocommunications Engineering in a school, academy,  institute,  college or university  recognized by the Commission on Higher Education (CHED) and completed the Bridging program leading to Electro-technical Officer certificate;

    2. has completed at least twelve (12) months of combined workshop skills training and approved seagoing service of which not less than 6 months shall be seagoing service as part of an approved training program which meets the requirements of section A-III/6 of the STCW Code and is documented in an approved training record book, or otherwise not less than 36 months of combined workshop skills training and approved seagoing service of which not less than 30 months shall be seagoing service in the engine department; and

    3. have completed approved education and training and meet the standard of competence specified in section A-III/6, section A-VI/1, paragraph 2, section A-VI/ 2, paragraphs 1 to 4, section A-VI/3, paragraphs 1 to 4 and section A-VI/4, paragraphs 1 to 3 of the STCW Code.
SEC. 35. Revalidation of STCW Certificate.—

1. Marine Engineer Officers holding STCW Certificates issued or recognized under any chapter of the Convention other than chapter VI, who is serving at sea or intends to return to sea after a period ashore, shall, in order to continue to qualify for seagoing service, be required, at intervals not exceeding five years, to:
  1. Meet the standards of medical fitness prescribed by Regulation I/9; and

  2. Establish  continued  professional competence   in   accordance  with section A-I/11 of the STCW Code.
2. Marine Engineer Officers shall, for continuing seagoing service on board ships for which special training requirements have been internationally agreed upon, successfully complete approved relevant training.

3. Marine Engineer Officers shall, for continuing seagoing service on board tankers, meet the requirements in paragraph1 of Regulation I/11 and  be required, at intervals not exceeding five years, to establish continued professional competence for tankers in accordance with section A-I/11, paragraph 3 of the STCW Code.

4. The Commission shall compare the standards of competence which it required of candidates for Certificate issued before 1 January 2017 with those specified for the appropriate Certificate in part A of the STCW Code, and shall determine the need for requiring marine Engineer officers to undergo appropriate refresher and updating training or assessment.

5. The Commission shall compare the standards of competence which it required of electro-technical officers for certificates issued before 1 January 2012 with those specified for the certificate in section A-III/ 6 of the STCW Code, and shall determine the need for requiring those personnel to update their qualifications.

6. The Commission shall, in consultation with the appropriate stakeholders, formulate a structure of refresher and  updating courses as provided for in section A-I/11 of the STCW Code.

7.  The Commission,  for purpose of updating the knowledge of Marine Engineer officers, shall ensure that the texts of recent changes in  national and international regulations concerning the safety of life at sea, security and the protection of the marine environment are made available to ships entitled to fly its flag.

SEC. 36. Upgrading of STCW Certificates.—The STCW Certificates with limitation/s, may be upgraded as follows:
  1. CHIEF ENGINEER OFFICER who is issued STCW Certificates under Regulation III/3, paragraph 2.1.2 shall be upgraded to Regulation III/2, after completion of an approved seagoing service as Second Engineer Officer for at least twelve (12) months on board ship powered by main propulsion machinery of 3,000 kW propulsion power or more or as supernumerary Chief Engineer Officer for at least three (3) months on board ship powered by main propulsion machinery of 3,000 kW propulsion power or more.

  2. SECOND ENGINEER OFFICER who is issued STCW Certificates under Regulation III/3 paragraph 2.1.1 shall be upgraded to Regulation III/2, after completion of an approved seagoing service as Officer-in-Charge of an Engineering Watch for at least twelve (12) months on board ship powered by main propulsion machinery of 3,000 kW propulsion power or more or as supernumerary Second Engineer Officer for at least three (3) months on board ship powered by main propulsion machinery of 3,000 kW propulsion power or more.

  3. A MARINE ENGINEER OFFICER who is issued STCW Certificates with limitations as "valid only on fishing vessel," " valid only on Mobile Drill Ship", or valid only on Off-shore facilities", shall be upgraded to  'NO LIMITATION" after complying with requirements under Section 29 and 30, as appropriate.
SEC. 37. Lifting of Deferment of Registration.—An examinee who passed the licensure examination but whose registration has been deferred by the Board may be allowed to take the oath of a professional and register as Marine Engineer Officer if the reason for the deferment of his registration has been complied with or no longer exists.

SEC. 38. Reinstatement of Authority to Practice.—After one (1) year from the finality of the Decision revoking his authority to practice .the marine engineer officers profession, or prior to one (1) year when the cause/basis of the revocation no longer exist, or has been legally rectified, a Marine Engineer Officer may file a petition for the reinstatement of his authority. The Board may, for good and just cause shown, or for reasons deemed proper and sufficient, and the marine engineer officer has acted in an exemplary manner and has not committed any illegal, immoral or dishonourable conduct, grant the petition and issue an Order restraining his authority to practice the marine engineer officers profession.

SEC. 39. Replacement of Certificate.— A replacement of the Certificate of Registration, Certificate of Competency and Endorsement Certificate to replace the lost, destroyed, or mutilated Certificate may be issued upon application and payment of the prescribed fees.

ARTICLE VIII

RECOGNITION OF CERTIFICATE


SEC. 40. Recognition of a Certificate.—

1. A Certificate of competency, or proficiency issued to a marine engineer officer pursuant to Regulations V/1-1 and V/1-2, shall be endorsed to attest its recognition   only   after   ensuring   the authenticity and validity of the Certificate. The Endorsement shall only be issued   if all requirements of the STCW Convention have been complied with. The form of the Endorsement used shall be that set forth in paragraph 3 of section A-1/2 of the STCW Code.

2. The Administrative and the Commission shall ensure that the provisions of Regulation 1/10 are complied with, in order to recognized, by Endorsement in accordance with Regulation I/2, paragraph 7, a Certificate issued by or under the authority of another Party to a marine engineer officer and that:
  1. the Administration and the Commission has confirmed, through an evaluation, which may include inspection of facilities and procedures, that the requirements of the Convention regarding standards of competence, training and certification and quality standards are fully complied with; and

  2. an undertaking has been entered into between the Administration and the other Party and agreed that prompt notification will  be given to any significant change in the arrangements for training and certification in compliance with the STCW Convention.
3. Measures shall be established to ensure that a marine engineer officer who present, for recognition, a Certificate issued under the provisions of Regulations III/2. III/I, III/3 or III/6, or issued under Regulation VII/1 at the management level, as defined in the STCW Code", has an appropriate knowledge of the maritime legislation of the Administration relevant to the function/s he is permitted to perform.

4. Information provided and measures agreed upon under Regulation I/10 shall be communicated to the Secretary-General in conformity with the requirements   of Regulation I/7.

5. A Certificate issued by or under the authority of a non-Party shall not be recognized.

6. Notwithstanding the requirement of Regulation I/2, paragraph 7, the Administration may, if  circumstances require, subject to the provisions of paragraph 1, allow a marine engineer officer to serve for a period not exceeding three months on board a ship entitled to fly its flag, while holding an appropriate and valid Certificate issued and endorsed as required by another Party for use on board that Party's ships but which has not yet been endorsed so as to render it appropriate for service on board ships entitled to fly the flag of the Administration.  Documentary proof  shall   be   readily  available  that application for an Endorsement has been submitted to the Commission.

7. Certificate and Endorsements issued by the Administration and the Commission under the provisions of Regulation 1/10 in recognition of, or attesting the recognition of, a Certificate issued by another Party shall not be used as the basis for further recognition by another Administration.

SEC. 41. Record of Foreign Marine Engineer Officers.—The Commission shall maintain a roster of foreign Merchant Marine Engineer Officers who were issued an Endorsement Certificate, which shall contain the complete name, Certificate number, date of birth, gender, citizenship/nationality, rank, address, name of company/employer and vessel, if applicable, and signature.

ARTICLE IX

ADMINISTRATIVE PROCEEDINGS


SEC. 42. Administrative Proceedings.—

1. The Board and the Commission shall establish processes and procedures for the impartial  investigation of any reported incompetency, act, omission or compromise to security that may pose a direct threat to safety of life or property at sea or to the marine environment by marine engineer officers issued  in connection with their performance of duties related to their Certificate and for the withdrawal, suspension and cancellation of such Certificate for such cause and for the prevention of fraud.

2. The Board shall take and enforce appropriate measures to prevent fraud and other unlawful practices involving Certificate and Endorsements issued and shall impose penalties or disciplinary measures against marine engineer officers for cases in which the provisions of Republic Act No. 8544 and its Implementing Rules and Regulations giving effect to the STCW Convention are not complied with.

3. In particular, the penalties or disciplinary measures shall be prescribed and enforced in cases in which:
  1. A marine engineer officer has engaged a person not holding a Certificate as required by  the Convention;

  2. A marine engineer officer has allowed any function or service in any capacity required by the STCW Convention and Code to be performed by a marine engineer officer holding an appropriate Certificate to be performed by a marine engineer officer not holding the required  Certificate, a valid dispensation or having the documentary proof required by Regulation 1/10, paragraph 5; or

  3. A marine engineer officer has obtained by fraud or forged documents an engagement to perform any function or serve in any capacity required by the STCW Convention to be performed or filled by a marine engineer officer holding a Certificate or dispensation.

  4. The Commission, within  whose jurisdiction there is located any company which, or any person who, is believed on clear grounds to have been responsible for, or to have knowledge of, any apparent non-compliance with the STCW Convention specified in paragraph 4, shall extend all co-operation possible to any Party which advises it of its intention to initiate proceedings under its jurisdiction.
SEC. 43. Administrative Investigation.— The process and procedure for the impartial investigation shall be governed by the "Revised Rules of Procedure in Administrative Investigation in the Professional Regulation Commission and the Professional Regulatory Boards" issued by the Commission. The Revised Rules of Court shall be supplementary to the foregoing rules. The Board shall impose penalties or disciplinary measures for violation of the provisions of Republic Act No. 8544 and these Rules and Regulations giving effect to the STCW Convention.

The foregoing provision shall also apply to an applicant/examinee in the Marine engineer officers licensure examination.

SEC. 44. Grounds for Disciplinary Action.—The grounds for proceedings against a registered/licensed Marine Engineer Officer or an applicant/examinee in licensure examination for Marine Engineer Officers shall include but shall not be limited to the following acts:
  1. Use or perpetration of any fraud or deceit in obtaining a Certificate of Registration, Competency or Endorsement.
  2. Immoral and/or Dishonorable Conduct
  3. Unprofessional and/or Dishonorable Conduct
  4. Incompetence
  5. Negligence
  6. Illegal practice
  7. Fraudulent Application (Section 15)
  8. Tampering   of data/entry in the Certificate of Registration, STCW Certificate of Competency, STCW Endorsement Certificate or any Certificate/Certification issued by the Board or the Commission.
  9. Violation of the Rules and Regulations Implementing Republic Act No. 8544.
  10. Violation of the Code of Ethics for Marine Engineer Officers.
  11. Violation of any provision of Republic Act No. 8544.

ARTICLE X

QUALITY STANDARDS SYSTEM


SEC. 45. Quality Standards.—The Board shall ensure that:

1. A Quality  Standards System is established which shall be subjected to a self evaluation by the Quality System Audit Section of the Commission; internal quality audit by the Maritime Training Council; and an independent evaluation in accordance with Regulation I/8 of the STCW '78 Convention, as amended.

2. In accordance with the provisions of section A-l/8 of the STCW Code, all training, assessment of competence, certification, including medical certification, endorsement and revalidation activities carried out by nongovernmental agencies or entities under its authority are continuously monitored through a quality standards system to ensure achievement of defined objectives, including those concerning the qualifications and experience of instructors and assessors; and where governmental agencies or entities perform such activities, there shall be a quality standards system.

3. An evaluation is periodically undertaken, in accordance with the provisions of section A-l/8 of the STCW Code, by qualified persons who are not themselves   involved   in  the  activities concerned. The evaluation shall include all changes to national regulations and procedures in compliance with the amendments to the STCW Convention and STCW Code, with dates of entry into force later than the date the information was communicated to the Secretary-General of the International maritime Organization.

4.  A report containing the results of the evaluation shall be communicated to the Secretary-General in accordance with the format specified in section A-I/7 of the STCW Code.

ARTICLE XI

MISCELLANEOUS PROVISIONS


SEC. 46. Integration of Marine Engineer Officers.—All Marine Engineer Officers shall be integrated into one (1) national organization which shall be recognized by the Board and the Commission as the one and only integrated and accredited association of Marine Engineer Officers. A Marine Engineer Officer duly registered with the Board shall automatically become a member of the integrated and accredited association of Marine Engineer Officers, and shall receive the benefits and privileges appurtenant thereto upon payment of the required fees. Membership in the integrated and accredited association shall not be a bar to membership in other association of Marine Engineer Officers.

SEC. 47. Code of Ethics for Marine Engineer Officers.—The integrated and accredited national association of Marine Engineer Officers shall prescribe a Code of Ethics for Marine Engineer Officers which shall be adopted by the Board and approved by the Commission.

ARTICLE XII

REPORT ON THE PERFORMANCE OF THE
CANDIDATES OF SCHOOLS, COLLEGES AND
UNIVERSITIES IN LICENSURE EXAMINATIONS


SEC. 48. Report of the Board.—The Board shall, through the Educational Statistics Division of the Commission, prepare a report on the performance of the examinees of schools, colleges or universities in the Marine Engineer Officers licensure examinations. The Board, through the Commission, may recommend to the Commission on Higher Education (CHED): (1) the monitoring of the schools, colleges and universities, whether public or private, whose successful examinees in the three (3) consecutive Marine Engineer Officers licensure examinations is less than 5% of the total number of its candidates who took the said licensure examinations; (2) the publication of the names of schools, colleges and universities whose successful examinees in five successive Marine Engineer Officers licensure examinations is less than 5% of the total number of examinees in each of the licensure examinations taken; and (3) the phase out of the maritime education course/program.

ARTICLE XIII

APPLICABILITY OF RULES AND REGULATIONS
PROMULGATED BY THE COMMISSION
IMPLEMENTING R.A. NO. 8981

SEC. 49. Applicability of the Rules and Regulations.—The "Rules and Regulations Implementing R.A. No. 8981 promulgated by the Professional Regulation Commission shall be applicable to the application, examination, registration, Regulation and investigation of Marine Engineer Officers.

SEC. 50. Separability Clause.—If any Provision, section, paragraph or article of these Rules and Regulations be declared constitutional or invalid, such judgment shall not affect, invalidate or impair any other part thereof, but such judgment shall be merely confined to the provision, section, paragraph or article directly involved in the controversy in which such judgment has been rendered.

ARTICLE XIV

REPEALING CLAUSE


SEC. 51. Board Resolution No. 154(B), series of 2009, is hereby repealed.— Rules and Regulations, Resolutions, Memorandum Circulars, and all other issuance, and parts thereof which are inconsistent with the provisions of this Resolution are hereby repealed or modified accordingly.

ARTICLE XV

TRANSITIONAL PROVISIONS


SEC. 52. Transitional provisions.

1. Until 1 January 2017, the Commission may continue to issue, recognize and  endorse Certificates in accordance with the provisions of the STCW Convention which applied immediately prior to 1  January 2012 in respect of marine engineer officers who commenced approved seagoing service, an approved education and training programme or an approved training course before 1 July 2013.

2. Until 1 January 2017, the Commission may continue to renew and revalidate Certificates and Endorsements in accordance with the provisions of the STCW Convention which applied immediately prior to 1 January 2012.

3. Seafarers may be considered by the Board to have met the requirements of Regulation III/6 if they have served in a relevant capacity on board a ship for a period of not less than twelve (12) months within the last sixty (60) months preceding the entry into force of Regulation Ml/6 and meet the standard of competence specified in section A-III/6 of the STCW Code.

ARTICLE XVI

EFFECTIVITY


SEC. 53. Effectivity.—This revised Rules and Regulations shall take effect fifteen (15) days after its complete publication in a newspaper of general circulation or in the Official Gazette, whichever is earlier.

Done in the City of Manila, Philippines, this 26th day of April, 2012.

(Sgd.) CHIEF ENGR. MIGUEL O. MARASIGAN
Officer-in-Charge

(Sgd.) CHIEF ENGR. VICTORIANO A. ALOJADO
Member

(Sgd.) CHIEF ENGR. FERDINAND R. PASCUA
Member

(Sgd.) CHIEF ENGR. ELDEFONSO G. UBA
Member

ATTESTED BY:

(Sgd.) CARLOS G. ALMELOR
Secretary
Professional Regulatory Boards

APPROVED BY:

(Sgd.) TERESITA R. MANZALA
Chairperson

(Sgd.) ALFREDO Y. PO
Commissioner

(Sgd.) JENNIFER JARDIN-MANALILI
Commissioner

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